Question:

Consent while Intoxicated?

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This happens in Canada, I just read a news report about it. So a girl and a guy are at a party, they are both intoxicated. They have consentual s*x...the next day the guy is charged with rape. Just recently, a court case was held and this guy was actually convicted.

Does anyone find this fair? Please explain.

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  1. No it's not fair, and it just makes it harder for people like me to be believed when it does happen.

    Wrong and incredibly sad to take this guy's life away due to her regret.


  2. That is such c**p... he should have counter charged her with rape.

  3. in the USA there is NO consent while intoxicated.. In a case where both are .. he could counter sue with rape on her..

  4. No it isn't fair not in the slightest

  5. That's total BS.  Especially if they were equally drunk.  You can't place blame on only half of the equation.

    Alcohol only removes your inhibitions.  Which means, you will end up doing what you really want to.  If she really didn't want to have s*x, she would have fought even harder against rape than if she were sober.  She's just ashamed of being easy and abusing the system while ruining the guy's life.  

    In a perfect world, she'd be in jail for being an idiot.

  6. No it isn't fair and it takes away from all the women who have REALLY been raped....You can't cry wolf like that...

  7. i think its fu*king disgusting!

    they are both drunk, they both consent, she regrets it next morning and he's a rapist!

  8. Sadly, these stories are all too common. Even if a woman was sober and still gave consent, she can still easily cry rape and the guy will have a hard time proving his innocence if there were no witnesses given how gender bias the court system is against men especially dealing with cases of alleged rape. No it's not fair, it's complete bullcrap.

  9. As a woman, I find it both totally unfair and damaging to all of the women who really ARE raped.

    She was simply a tart who couldn't handle her booze and doesn't want to own up to her own actions.

  10. No, that's not fair at all. Consensual s*x while under the effects of drugs has to be seen as consensual by the legal system, assuming that taking the drugs was also a conscious choice. In other words, if the girl chooses to take drugs (even if it is just alcohol), then the s*x is her d**n problem and there's no way the guy should be charged with rape. It's only rape if he first forced the drugs on her and THEN got her to consent to sexual intercourse, but so long as she made all the choices herself I don't see how he can be held responsible. If nothing else, how can you possibly say that he raped her any more than she raped him? Aside from gender, the situation was entirely symmetrical, right? No society that takes any pride in gender equality has any right to charge him with rape but not her.

  11. (rolling eyes)

    I really hate cases like this....stupid drunk s*x is not rape.

  12. Feminists find it fair.

  13. nope. not fair.

    And to Capone:

    You said you had 3 cases pending. You then go on to say you cant tell us how many times you've done it while intoxicated. Do you understand you just told us how many times you've done it? Some people deserve to be put away for doing bad things. Others need to be put away for being stupid.

  14. Is being drunk a defence to any other crime in Canada?

  15. I think it's incredibly unfair.... IF that is all it was... and I find it hard to believe that they would convict him if that is all it was.

    Even if she was drunk, if she said no then 'no means no'.  If he forced himself on her, then he's guilty.  If it were really consensual, then I doubt she would have filed charges.

    Why would she?

  16. I agree with Rio.    I would love to see the link.

  17. Thats not fair!!!!!!

    How i the guy a rapist and not her!!

    It wasn't even Rape!

  18. I FIND IT VERY FAIR!!! IF YOU ARE INTOXICATED  YOU CAN NOT GIVE CONSENT FOR s*x OR ANYTHING ELES,I'M BETTING THE MAN WASN'T AS INTOXICATE AS HE CLAINED TO BE.

  19. No, not fair at all...

  20. They were both drunk, so neither one of them could have given informed consent. They cancel each other out.

    If he had tried to get her drunk so he could have s*x with her without her informed consent, then it would be rape. But he hadn't.

  21. THis would be the same thing as buyers remorse right?  I don't think it is right  IF they were both equally intoxicated.  Now if he was sober and she was really drunk I might feel differently about.

  22. intoxicated, under the influence, diminished physical and mental control. Unfortunately the male is always responsible. so even though they were both intoxicated if she screams rape he pays. The moral here; get it in writing, or tape it, or don't do it while you are out of control. Sad but this is our society.

  23. Maybe it wasn't the girl but her family who forced her into charge that boy and the girl did it under pressure of family, coz if she charged the boy at her own then Oh man never go near a drunk woman coz she can be insane too and only appears intoxicated.

  24. This fails at being fair.

  25. No consent is consent if you arent sober enough to give consent its because you cant talk or passed out.

    It is not fair, but that isnt what feminist judges or juries are about. Do you have a link to the case ?

  26. I hope not, otherwise I have three cases pending. I can't tell you the number of times I had s*x while I was drunk when I was a teenager.

  27. There is probably more to it than you know.  If you could have included some of the facts from the trial, people could give you a better answer.  Based on the lack of information in the question, the question throws the reader to conclude that this is bad and wrong, but I don't think that the laws in Canada and the people serving on juries in Canada are stupid.  Was the woman passed out drunk?  Was she given drinks with liquor in them, when she thought she was drinking plain "virgin" cocktails?  There are many variables in these types of cases, and often they are reported with a bias to make the reader disagree with the verdict.  In order to understand a verdict, you really must read the trial transcript completely.

  28. He got screwed twice !!!!!!!

  29. People do stupid things they regret afterwards when they are drunk so no it's not rape.

  30. It's not fair.  But it is the law.  If she was intoxicated enough to not remember it or able to give consent, meaning he just kept going and didn't stop, then she can charge him with rape.  Usually it's considered date rape.

  31. Under the current definitions, we are all rapists and victims.
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